The Supreme Court on Monday refused to entertain petitions seeking action against Assam Chief Minister Himanta Biswa Sarma regarding a viral video that allegedly depicted him firing a rifle at images of individuals from a specific community.
A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M. Pancholi directed the petitioners to approach the Gauhati High Court instead. The court emphasized that bypassing high courts has become a “disturbing trend” and warned against undermining the authority of state-level judicial institutions.
The Controversy: “Point-Blank” Video Row
The legal battle stems from a video posted on February 7 by the Assam BJP’s official X handle. The footage purportedly showed CM Sarma taking aim at a photo featuring two individuals wearing skull caps, accompanied by text reading: “Identity, land and roots come first; Why did you go to Pakistan; No forgiveness for Bangladeshis.”
The video sparked immediate national outrage:
- Opposition Reaction: The Congress described the video as a “call to mass violence” and “point-blank murder of minorities.”
- Legal Action: Leaders from the CPI and CPI(M), including Annie Raja, filed pleas seeking the registration of FIRs for hate speech and communal polarization.
- BJP Response: Amid the backlash, the BJP deleted the post and reportedly suspended a social media coordinator for the “unauthorised” content.
The Court’s Observations
Senior Advocate Abhishek Singhvi, representing the petitioners, argued that Sarma is a “habitual offender” and urged the apex court to intervene directly. However, the bench remained firm on procedural grounds:
- Jurisdiction: The court questioned why the Gauhati High Court had been bypassed, noting that High Courts are increasingly being deprived of essential litigations.
- Timing: The bench noted that such legal battles often serve as a “trend just before the polls,” suggesting that parts of the assembly elections are being fought in courtrooms rather than at the ballot box.
- Expedition: While refusing to hear the case itself, the Supreme Court requested the Chief Justice of the Gauhati High Court to expedite the hearing of the matter once filed.